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XAVIER, AGED , S/O. JOSEPH IYPE versus STATE OF KERALA

High Court of Kerala

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XAVIER, AGED , S/O. JOSEPH IYPE v. STATE OF KERALA - Crl MC No. 2378 of 2007 [2007] RD-KL 14137 (25 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2378 of 2007()

1. XAVIER, AGED , S/O. JOSEPH IYPE,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.RENJITH B.MARAR

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :25/07/2007

O R D E R

R. BASANT, J.


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Crl.M.C.No. 2378 of 2007
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Dated this the 25th day of July, 2007

O R D E R

The petitioner has been found guilty, convicted and sentenced in a prosecution, inter alia, under section 326 I.P.C. The verdict of guilty, conviction and sentence have now become final with the order passed by this Court in revision dt. 25.9.2006. The petitioner was directed to surrender before the learned Magistrate on or before 30.11.2006. He has not surrendered before the learned Magistrate so far. At this stage, on 24.7.2007, he has chosen to come before this Court with this petition. The prayer is to ensure that he is not sent to the prison where the victim in the case is also sent. The said victim, it is submitted, is an accused in a murder case where he is alleged to have murdered the brother of the petitioner. He is convicted and sentenced in that case. The petitioner apprehends physical harm if both were sent to the same prison.

2. The learned Prosecutor was directed to take instructions. At that stage the learned counsel for the petitioner submitted that the petitioner shall be satisfied if the petitioner is permitted to raise all his contentions before the learned Magistrate at the time when the learned Magistrate issues warrant of committal. Crl.M.C.No. 2378 of 2007 2

3. This Crl.M.C. is hence dismissed. Needless to say, the petitioner can made all his submissions before the learned Magistrate. The learned Magistrate, after hearing the prosecution also, must pass appropriate orders.

4. Hand over the order. (R. BASANT) Judge tm


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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